Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
The bench warrant likely stems from your failure to appear for a judgment debtor examination, which is a process where the creditor asks questions about your books, records, assets, accounts, etc. in order to find some asset to seize and sell to pay off the judgment.
You'll need to appear on the contempt charge. This will likely only result in a fine; however, the judge can put you in jail, but it is not likely.
I understand the bench warrant..the only issue with it is I never received a summons from the court. I received a letter from the opposing attorney but never received a court summons.
If you were not served with process (summons and complaint), then the judgment would be void and subject to dismissal because of insufficient service of process.
You would have to file a motion to dismiss the judgment as being void under this principle.
If the judgment is against the corporation, no. This is so because a non-lawyer can represent himself, but no one else. Because an LLC is a separate legal entity, only a lawyer can represent it.
However, if you've been sued individually, you can file the motion yourself.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).